My N336 Was Denied How Long Should I Wait to Apply for Citizenship Again
If my N-400 Application for Naturalization (U.Due south. Citizenship) has been denied by USCIS, what should I practise now, what can I practise now? What chances exercise I take to notwithstanding become a U.S. denizen? What will happen side by side? Will I be deported? Exercise I lose my status and my green bill of fare?
These are all very common questions that lawful permanent residents ask themselves after they receive a denial alphabetic character afterwards an Due north-400 citizenship interview. Receiving a deprival letter from USCIS telling you that you volition non become a citizen may be heartbreaking to people who have held a life-long dream to get a U.S. citizen. But an N-400 deprival letter is often not the end of the road and there are many options available to people who receive an North-400 denial letter of the alphabet.
The first thing to recall is that you lot do not but become ane opportunity to utilise for U.S. citizenship. That's correct, even if you are denied, almost of the time, y'all can reapply; yous do not get just one bite at the apple. So depending on why yous were denied, you may exist able to expect a few days, months or years and apply again.
Too important to remember is that just because your N-400 application was denied does not mean that yous will have your lawful permanent resident status (your green carte) taken away. Most of the time when your Northward-400 is denied, its non because yous have done annihilation that can get you deported, its because you may not exactly qualify under the rules for citizenship.
And then, if you receive a denial, do not panic, do not surrender hope, do not flee the country, contact an experienced immigration attorney to talk about your options. You will desire to contact an attorney as soon every bit possible later on you receive the denial letter as you have simply 30 or 33 days to appeal the decision if you lot decide to exercise that.
The get-go pick for all N-400 denials is to file an appeal, which is known as a Form North-336 Request for a Hearing on a Decision in Naturalization Proceedings. This course must be filed inside 30 or 33 days of the N-400 conclusion, depending on whether you received information technology in person or past mail. The form can be filed past mail or online and the filing fee is $700. If you file this entreatment, you will normally need to accept a adept legal argument for why the N-400 conclusion was wrong and/or boosted prove that you lot did not provide at the Northward-400 interview that is needed to testify you lot qualify for citizenship.
After yous file the N-336, you volition normally receive a notice for the hearing at the same function where your Due north-400 was denied, but you will see a different immigration officer. The interviews/hearings are usually scheduled in about 2-5 months subsequently yous file the appeal. It is not required that yous have an chaser for the North-336 entreatment process, only it is certainly much better to have an chaser aid yous with the appeal than to do information technology yourself. Oftentimes times, if you filed your Northward-400 pro se (without an attorney) and you lot were denied, information technology is likely because of something that y'all overlooked in the law or your eligibility or yous did brand the correct statement at the interview for why yous qualify for citizenship. An experienced immigration chaser tin can help you determine if the appeal process is right for you and if yous accept a strong chance of winning on appeal.
Too, if you plan to sue the authorities in federal court for denying your N-400 Application for Naturalization—yes y'all tin do that—and then you must file the North-336 outset and be denied. Hopefully, you volition non have your N-336 denied, but it can happen.
For many people denied citizenship, the North-336 entreatment process is the best style to quickly overcome the denial and become a U.Southward. citizen. In the right circumstances, the N-336 is less expensive and takes less time for a decision than filing a new N-400. However, for some applicants, an N-336 is not the right path and refiling an N-400 is the way to go.
For example, if your N-400 was denied considering you accept a criminal conviction or other bad act inside the iii or 5 year statutory period leading up to your North-400 awarding, appealing the deprival may not be the all-time idea for yous. Sometimes, refiling your N-400, now that your conviction or other bad act is more than 3 or five years in the past is the only way to go.
If USCIS denied your N-400 because you did something in the by that non merely makes y'all ineligible for citizenship, only makes you deportable from the country—certain criminal convictions, unlawful voting, committing clearing fraud, etc.—and then highly-seasoned your denial or refiling your N-400 may non piece of work and may not even be possible. If you lot are denied citizenship considering y'all are deportable, you lot may terminate upwards in clearing courtroom and have to fight to go along your lawful permanent resident condition. If you are successful in court and get to keep your condition, you tin can unremarkably and then use for citizenship over again.
The of import matter to remember is that if your Northward-400 is denied, you have many options available to you. Yous can appeal the decision or you can refile your N-400. Maybe you have to go to immigration court and fight your case. Perhaps yous have to pay back income taxes or overdue kid support in society qualify for citizenship. Perchance you have to spend more than time in the U.s. and not take long trips abroad. It is always all-time to have a trusted and experienced immigration attorney by your side from the starting time of the Due north-400 process. However, if you lot filed your Due north-400 yourself or if you take lost faith in the attorney who filed your N-400 for yous and you have received a denial letter, contact an experienced immigration chaser right abroad to talk over your options to still become a U.S. citizen.
Source: https://www.floridaimmigrationlawyerblog.com/my-n-400-application-for-naturalization-was-denied-what-can-i-do-now/
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